IN THE CASE OF: BOARD DATE: 29 November 2016 DOCKET NUMBER: AR20150014065 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 29 November 2016 DOCKET NUMBER: AR20150014065 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding the applicant the Master Parachutist Badge * deleting from his DD Form 214 for the period ending 31 July 1970 the National Defense Service Medal, Korean Service Medal, and Vietnam Service Medal * adding to his DD Form 214 for the period ending 31 July 1970 – * Valorous Unit Award * National Defense Service Medal with one bronze service star * Korean Service Medal with one silver and six bronze service stars * Vietnam Service Medal with four bronze service stars * Combat Infantryman Badge (2nd Award) * Master Parachutist Badge * Driver and Mechanic Badge with Wheeled Vehicle Bar * Republic of Korea Presidential Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation ___________x______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 29 November 2016 DOCKET NUMBER: AR20150014065 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by adding his already-awarded Combat Infantryman Badge (2nd Award) and his Master Parachutist Badge. 2. The applicant states, in effect, he was awarded his second Combat Infantryman Badge while he was serving in Vietnam. Major RM, Jr., presented this award. He also states he was also awarded the Master Parachutist Badge on 6 June 1966, and it was presented by Colonel (COL) SC, Jr., commander, 10th Special Forces (SF). 3. The applicant provides: * photocopy of a Master Parachutist Qualification Card, dated 6 June 1966 * photocopies of five photographs CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 22 March 1950. At the completion of his initial training, he held military occupational specialty (MOS) 111.60 (Light Weapons Infantryman). 3. He served in the Korean War, and was assigned to the 21st Infantry Regiment, 24th Infantry Division, from on or about 18 August 1950 to on or about 1 August 1951. He has qualifying service for six campaigns: * United Nations (UN) Defensive, 27 June 1950 to 15 September 1950 * UN Offensive, 16 September 1950 to 2 November 1950 * Chinese Communist Forces (CCF) Intervention, 3 November 1950 to 24 January 1951 * First UN Counteroffensive, 25 January 1951 to 21 April 1951 * CCF Spring Offensive, 22 April 1951 to 8 July 1951 * UN Summer-Fall Offensive, 9 July 1951 to 27 November 1951 4. He was awarded the Bronze Star Medal (1st Award) in General Orders (GO) Number 601, dated 20 August 1951, issued by Headquarters, 24th Infantry Division. a. The award was for meritorious service in connection with military operations against an enemy of the U.S. in Korea. b. The DA Form 638 (Recommendation for Award - Meritorious Achievement or Service), dated 1 August 1951, reflects he was assigned as the communications chief of an infantry company while serving in Korea. The narrative description states: On one occasion, when the Company CP (command post) came under enemy attack, he kept the communication lines in, and actively engaged in the fire fight. His performance of duty was outstanding. It enabled the men on the EE8 [Korean War era field telephone] to keep in contact with the platoons. 5. He was honorably discharged for the purpose of immediate reenlistment on 22 March 1953, 11 August 1955, and 11 August 1958. Although his available service does not include the DD Forms 214 for each of these periods of service, it does contain a National Archives Form 13038 (United States of America - Certification of Military Service) that reflects his honorable service in the Regular Army from 22 March 1950 to 10 August 1958. 6. Special Orders (SO) Number 290, dated 13 December 1960, issued by Headquarters, 101st Airborne Division, awarded the applicant the Senior Parachutist Badge. His available service record is void of any orders awarding him the Master Parachutist Badge. 7. SO Number 80, dated 4 May 1961, issued by Headquarters, 101st Airborne Division, awarded him the Driver and Mechanic Badge with Wheeled Vehicle Bar. 8. He was honorably discharged for the purpose of immediate reenlistment on 10 August 1964. His DD Form 214 shows he completed 6 years of net active creditable service during the period of the report. He was awarded or authorized the Senior Parachutist Badge, the Army Good Conduct Medal (2nd Award), and a Commendation Ribbon with Metal Pendant (later redesignated as an Army Commendation Medal). 9. He was promoted to master sergeant on 4 May 1967. He served in Vietnam from on or about 10 October 1968 to on or about 30 September 1969. a. He was awarded the Bronze Star Medal (2nd Award) on GO Number 1289, dated 11 August 1969, issued by Headquarters, 5th SF Group (Airborne). The award was for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam. b. He has qualifying service for four campaigns: Vietnam Counteroffensive, Phase V (1 July 1968 to 1 November 1968), Vietnam Counteroffensive, Phase VI (2 November 1968 to 22 February 1969), Tet 69 Counteroffensive, 1969 (23 February 1969 to 8 June 1969), and Vietnam Summer - Fall, 1969 (9 June 1969 to 31 October 1969). 10. He retired on 31 July 1970. His DD Form 214 shows he completed a total of 20 years, 4 months, and 10 days of net active creditable service. He was awarded or authorized: * Bronze Star Medal (2nd Award) * Air Medal * Army Commendation Medal * Distinguished Unit Citation (later redesignated Army Presidential Unit Citation) * Meritorious Unit Commendation * Army Good Conduct Medal (4th Award) * Army of Occupation Medal with Japan clasp * National Defense Service Medal * Korean Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Senior Parachutist Badge * Parachutist Badge * United Nations Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Cross of Gallantry with Palm Unit Citation 11. The applicant's available service record provides the following relevant documents: a. DA Form 20 (Enlisted Qualification Record). (1) Item 28 (Specialized Training) indicates completion of the Jumpmaster Course on 10 May 1958. (2) Item 38 (Record of Assignments) shows: * Conduct and Efficiency ratings of "Excellent" throughout his entire period of active service; one entry of "G(A)" [Good, with the "A" showing the rating is in relation to academic proficiency] * while in Vietnam, he was assigned as follows: * duty position: intelligence sergeant * duty MOS 11F5S [Senior Infantry Operations and Intelligence Specialist, skill level "5" (for master sergeant and sergeant major), with SF special qualification identifier] * Special Operations Augmentation Detachment B-52 (Project Delta), 5th SF Group [brigade-equivalent element commanded by a colonel] [Detachment B-52, (Project Delta), was the most decorated single unit in the Vietnam War. It was a covert SF element consisting of up to 12 reconnaissance teams that were designed to strike deep into uncontrolled territory, and seek out Viet Cong units as well as their sources of supply. Their missions included intelligence gathering, hunter-killer operations, and conducting harassment and deception campaigns.] (3) Item 41 (Awards and Decorations) shows the award of the Combat Infantryman Badge, citing the source as a DD Form 214. It does not show either the award of a second Combat Infantryman Badge or the Master Parachutist Badge. b. Two DA Forms 1307 (Individual Jump Record) covering the period 19 November 1956 to 25 March 1964 (a period of 41 months) show a total of 67 jumps by type. The forms list the following: * Combat Equipment (CE) - 43 * Night (N) - 5 (two indicating night jumps made as a jumpmaster) * Mass Tactical (MT) - 32 * Jumpmaster (J) - 9 12. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) database, that contains an index of general orders issued during the Vietnam-era between 1965 and 1973, and maintained by the U.S. Army Human Resources Command, failed to reveal any orders for either the Combat Infantryman Badge (2nd Award) or the Master Parachutist Badge that pertained to the applicant. 13. The applicant provides: a. Master Parachutist Qualification Card, dated 6 June 1966, issued by the 10th SF Group, 1st SF, and signed by a COL. b. Photocopies of five photographs that apparently show: * photo appearing to show the applicant in formation receiving the Combat Infantryman Badge * a plaque recognizing outstanding service and displaying the Combat Infantryman Badge (2nd Award) and Master Parachutist Badge, along with SF insignia and an additional parachutist badge * three photos apparently showing the applicant as a child, an adult in uniform wearing the Combat Infantryman Badge (2nd Award) and Master Parachutist Badge, and in a more recent photo * two photos taken during the applicant's service in Vietnam REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards. a. The Combat Infantryman Badge is awarded to infantry officers, warrant officers, and enlisted Soldiers. (1) Paragraph 8-6 (Combat Infantryman Badge), subparagraph a, lists three requirements: be an Infantryman satisfactorily performing Infantry duties; assigned to an Infantry unit during such time as the unit is engaged in active ground combat; and actively participate in such ground combat; campaign or battle credit alone are not sufficient. (2) Paragraph 8-6b(1) states a Soldier must be an Army Infantry or SF officer in the grade of COL or below or an Army enlisted Soldier or warrant officer with an Infantry or SF MOS. Additionally, after 6 December 1941, they must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or SF unit of either a brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. (3) Paragraph 8-6b(2) states a recipient must be personally present and under hostile file while serving in an assigned Infantry or SF primary duty, in a unit actively engaged in ground combat with the enemy. (4) Paragraph 8-6c states the Combat Infantryman Badge is authorized for award for the following qualifying wars, conflicts, and operations: (1) World War II (7 December 1941 to 3 September 1945); (2) Korean War (27 June 1950 to 27 July 1953); (3) Republic of Vietnam Conflict (2 March 1961 to 28 March 1973) combined with qualifying service in Laos (19 April 1961 to 6 October 1962); and subsequent designated conflicts (not applicable in this case). (5) Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states, during the Vietnam era, the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. (6) The definition of the requirement to be "engaged in active ground combat" has generated much dialogue over the years as to the original intent of the Combat Infantryman Badge. In 1963 and 1965, Headquarters, Department of the Army messages to the Southeast Asia theater of operations stipulated eligible Soldiers be "personally present and under fire." USARV regulations went so far as to require documentation as to type and intensity of enemy fire encountered by the eligible Soldier (7) Second and third awards of the Combat Infantryman Badge are indicated by superimposing one or two stars respectively, centered at the top of the badge between the points of the oak wreath. b. The Master Parachutist Badge requires ratings of “excellent” in character and efficiency, graduation from the Jumpmaster Course, at least 36 months on jump status, and the completion of 65 jumps, to include: * 25 with combat equipment * 4 night jumps with one as jumpmaster * 5 mass tactical jumps culminating in an airborne assault problem c. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal. d. For the Korean Service Medal, one bronze service star is authorized for each campaign in which the Soldier participated. A silver service star is authorized in lieu of five bronze service stars. 2. DA Pamphlet (DA PAM) 672-1 (Unit Citation and Campaign Participation Credit Register) shows the awards given to units participating in World War II and the Korean War. It shows the unit to which the applicant was assigned during his service in the Korean War received the Republic of Korea Presidential Unit Citation on Department of the Army General Order (DAGO) Number 35, 1951. 3. DA PAM 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. It shows the following unit awards while the applicant was assigned: a. The Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period January 1968 to 24 September 1970 awarded to the 5th SF Group by DAGO Number 48, dated 1971. b. The Valorous Unit Award for the period 4 March 1968 to 4 April 1968 awarded to Detachment B-52 (Project Delta) by DAGO Number 5, 1969, as amended by DAGO 59, 1969. DISCUSSION: 1. The applicant requests his already-awarded Combat Infantryman Badge (2nd Award) and his Master Parachutist Badge be added to his DD Form 214 for the period ending 31 July 1970. In support of his requests, he provides photos and a Master Parachutist Qualification Card. a. While the photographs and qualification card clearly suggest he received both awards, that evidence is not equivalent to orders confirming the Combat Infantryman Badge (2nd Award) and Master Parachutist Badge were officially awarded. b. Typical resources for verifying previous awards, to include the applicant's service record and the ADCARS database (which normally includes General Orders but may also contain selected Special Orders), are void of any indication of either award. c. In order to justify the amendment of his DD Form 214, official verification is generally necessary. Such verification may take the form of orders or similar official documentation, generated in or around when these awards were to have been issued. 2. Absent validating documentation, the Board can examine if the applicant otherwise met each award's criteria. a. Combat Infantryman Badge (2nd Award). (1) His DA Form 20 shows the entry for his first award of the Combat Infantryman Badge was based on a DD Form 214 that is no longer available for review. Even if this entry was not there, however, the wording in his Bronze Star Medal award recommendation clearly shows he was qualified based on his service in the Korean War. (2) His DA Form 20 also indicates, while in Vietnam, he performed duties in an Infantry MOS (11F) while assigned to a qualifying SF unit (a group is a brigade-equivalent and is commanded by a COL). Additionally, this unit was recognized as the most highly decorated during the Vietnam War. * while it is evident the unit did engage the enemy in combat, its primary mission was reconnaissance and surveillance * in that context, the applicant's duty position was that of intelligence sergeant, suggesting a role that might not actively involve ground combat * it would be reasonable to assume, at some point, he actually did participate in ground combat engagements, but the record is void of any documented proof, and he offers no supporting evidence (3) He was awarded the Bronze Star Medal (2nd Award) at the end of his tour in Vietnam, but the award was for meritorious service, rather than for his personal and active participation in ground combat. (4) The evidence is inconclusive with regard to his eligibility for a second award of the Combat Infantryman Badge. b. Master Parachutist Badge. (1) His available service record contains two DA Forms 1307 that cover a period of 41 months (exceeding the required 36 months). These forms document the applicant's participation in 67 jumps (exceeding the required 65 jumps), and affirm he completed the types of jumps required by the regulation, including at least 4 night jumps (he had 5, 2 of which as a jumpmaster), 5 mass tactical jumps (he had 32 mass tactical jumps), and 25 combat equipment jumps (he had 43 combat equipment jumps). (2) His DA Form 20 shows his conduct and efficiency ratings were "Excellent." It also reflects he completed the Jumpmaster Course. (3) Based on the foregoing, he appears to be have met the award's criteria. 3. His service in both the Korean War and the Vietnam War qualify him for additional awards. a. His service in both the Korean War and the Vietnam War make him eligible for a bronze service star on his already-awarded National Defense Service Medal. b. He is authorized one silver service star and one bronze service star on his already-awarded Korean Service Medal. He is also qualified for four bronze service stars on his Vietnam Service Medal (also already-awarded). c. The unit to which he was assigned while in the Korean War was awarded the Republic of Korea Presidential Unit Citation. d. His unit of assignment in Vietnam received the Valorous Unit Award and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 4. SO awarded him the Driver and Mechanic Badge with Wheeled Vehicle Bar, but this award is not reflected on this DD Form 214 for the period ending 31 July 1970. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014065 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014065 10 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2